Assessment of the Pastoral Land Rights in Tanzania.

Colex, Bahati (2021) Assessment of the Pastoral Land Rights in Tanzania. Doctoral thesis, The Open University of Tanzania.

Microsoft Word - Submitted Version Download (399kB)

Abstract

There is no piece of legislation exists that comprehensively addresses the livelihood aspect of pastoralism. Consequently, any consideration of legal regulation of pastoralism must arise from gathering various pieces of legislative material, which address pastoralists, and from these scattered instances situate pastoralism within the legal framework; the legal regulation of pastoralism is haphazard, incoherent, contradictory and thus inadequate for ensuring the security of tenure of pastoral lands. This study intends to assess the Pastoral land rights in Tanzania. In ascertaining this purpose of the study, the researcher employed doctrinal research methodology. The study finds out that apart from the Grazing-Land and Animal Feed Resources Act, there are several other legislations that regulate pastoral land rights, ranging from land laws, National Parks laws, environmental laws and Conservation Laws. The problem that remains seems to be that of defining the incidences of the pastoral tenure, how pastoralists acquire, hold and dispose their pastoral land, also it is still uncertain in both general and compulsory acquisition of pastoral land by the state as to the procedures, mode of assessing unexhausted improvement and what amounts to fair and prompt compensation to a pastoralists. The study concludes that the existing pastoral land rights regime does not adequately protect Pastoral land rights. Thus, the study recommends for amendment of the Constitution, GLAFRA and all other laws relating to pastoral land rights. Keywords; Pastoral, Land, Rights, Tanzania.

Actions (login required)

View Item